UNIT-II- ENVIRONMENT PROTECTION IN INDIAN LEGAL

SYSTEM

ENVIRONMENTAL PROTECTION ACTS AND LAWS

THE ENVIRONMENT PROTECTION ACT, 1986

• The Environment (Protection) Act (EPA) was enacted in 1986 with the
objective of providing for the protection and improvement of the
environment and for matter connected therewith.
• Background: The roots of the enactment of the EPA lies in the United
Nations Conference on the Human Environment held at Stockholm in
June, 1972 (Stockholm Conference), in which India participated, to take
appropriate steps for the protection and improvement of the human
environment.
• The EPA Act was enacted under Article 253 of the Indian Constitution
which provides for the enactment of legislation for giving effect to
international agreements.
• Article 48A of the Constitution specifies that the State shall endeavour to
protect and improve the environment and to safeguard the forests and
wildlife of the country.
• Article 51A further provides that every citizen shall protect the environment.
• The Act is applicable to the whole of India

Section 2- Definitions

Section 2(a)- “environment” includes water, air and land and the inter-relationship
which exists among and between water, air and land, and human beings, other
living creatures, plants, micro-organism and property;
Section 2(b)- “environmental pollutant” means any solid, liquid or gaseous
substance present in such concentration as may be, or tend to be, injurious to
environment;

Section 2(c)- “environmental pollution” means the presence in the environment of

any environmental pollutant;

Section 3- Power of Central Government to take measures to protect and

improve environment

The Central Government shall have the power to take all such measures as it
deems necessary or expedient for the purpose of protecting and improving the
quality of the environment and preventing, controlling and abating environmental
pollution. Such measures may include measures with respect to all or any of the
following matters, namely:—

(i) co-ordination of actions by the State Governments, officers and other

authorities
(ii) planning and execution of a nation-wide programme for the prevention,
control and abatement of environmental pollution;
(iii) laying down standards for the quality of environment in its various
aspects;
(iv) laying down standards for emission or discharge of environmental
pollutants from various sources whatsoever
(v) restriction of areas in which any industries, operations or processes or
class of industries, operations or processes shall not be carried out or
shall be carried out subject to certain safeguards;
(vi) laying down procedures and safeguards for the prevention of accidents
which may cause environmental pollution and remedial measures for
such accidents;
(vii) laying down procedures and safeguards for the handling of hazardous
substances;
(viii) examination of such manufacturing processes, materials and substances
as are likely to cause environmental pollution;
(ix) carrying out and sponsoring investigations and research relating to
problems of environmental pollution;
 (x) inspection of any premises, plant, equipment, machinery, manufacturing
or other processes, materials or substances as it may consider necessary
to take steps for the prevention, control and abatement of environmental
pollution;
(xi) establishment or recognition of environmental laboratories and institutes
to carry out the functions entrusted to such environmental laboratories
and institutes under this Act;
(xii) collection and dissemination of information in respect of matters relating
to environmental pollution;
(xiii) preparation of manuals, codes or guides relating to the prevention,
control and abatement of environmental pollution;
(xiv) such other matters as the Central Government deems necessary or
expedient for the purpose of securing the effective implementation of the
provisions of this Act.

Section 7- Persons carrying on industry, operation, etc., not to allow emission

or discharge of environmental pollutants in excess of the standards

No person carrying on any industry, operation or process shall discharge or emit or

permit to be discharged or emitted any environmental pollutant in excess or such
standards as may be prescribed.

Section 8- Persons handling hazardous substances to comply with procedural

safeguards.

No person shall handle or cause to be handled any hazardous substance except in

accordance with such procedure and after complying with such safeguards as may
be prescribed.

Section 15- Penalty for contravention of the provisions of the Act and the
rules, orders and directions

(1) Whoever fails to comply with or contravenes any of the provisions of this Act,
or the rules made or orders or directions issued thereunder, shall, in respect of each
such failure or contravention, be punishable with imprisonment for a term which
may extend to five years or with fine which may extend to one lakh rupees, or with
both, and in case the failure or contravention continues, with additional fine which
may extend to five thousand rupees for every day during which such failure or
contravention continues after the conviction for the first such failure or
contravention.
(2) If the failure or contravention referred to in sub-section (1) continues beyond a
period of one year after the date of conviction, the offender shall be punishable
with imprisonment for a term which may extend to seven years.

Drawbacks of the Act

▪ Complete Centralisation of the Act: A potential drawback of the Act could

be its centralization. While such wide powers are provided to the Centre and
no powers to the state governments, the former is liable to its arbitrariness
and misuse.

▪ No Public Participation: The Act also says nothing about public

participation as regards environmental protection. There is a need to involve
the citizens in environmental protection to check arbitrariness and raise
awareness and empathy towards the environment.

▪ Incomplete Coverage of Pollutants: The Act does not address modern

concept of pollution such as noise, overburdened transport system and
radiation waves which are also an important cause for the deteriorating
environment.

National Environment Appellate Authority (NEAA) and National Green

Tribunal (NGT)

• It was established by the Central Government under the National

Environment Appellate Authority Act, 1997.
• NEAA was established to hear appeals regarding the restriction of areas in
which any industries, processes or operations shall be/shall not be carried
out subject to certain safeguards under the Environment (Protection) Act,
1986.
• However, NEEA (along with the National Environment Tribunal) was found
to be inadequate giving rise to the demand for an institution to deal with
environmental cases more efficiently and effectively.
• As a result, the National Green Tribunal (NGT) was established in 2010
under the National Green Tribunal Act 2010 for effective and expeditious
disposal of cases relating to environmental protection.
CASE LAWS

Rural Litigation and Entitlement Kendra & Ors. v. State of Uttar Pradesh &
Ors.

Judgment- This case is also known as the ‘Dehradun Valley Litigation’. In

Mussoorie hill range of Himalayas, the activity of quarrying was being carried out.
Limestone was extracted by blasting out the hills with dynamite. This practice has
also resulted in cave-ins and slumping because the mines dug deep into the
hillsides, which is an illegal practice per se. Due to lack of vegetation many
landslides occurred, which killed villagers, and destroyed their homes, cattle and
agricultural land. It was contended by the mining operators that the case should be
dismissed by the court and the issue should be left to the administrative authorities
under the Environment Protection Act but the Court rejected the miners’ arguments
on the ground that the litigation had already commenced and significant orders had
been issued by the court before the adoption of the Environment Protection Act.
The Supreme Court of India has held that pollution caused by quarries adversely
affects the health and safety of people and hence, the same should be stopped. The
right to wholesome environment is a part of right to life and personal liberty
guaranteed under Article 21 of the Constitution. This case was the first requiring
the Supreme Court to balance environment and ecological integrity against
industrial demands on the forest resources.

Municipal Council, Ratlam v. Shri Vardhichand & Ors.; Supreme Court of

India

Judgment- Ratlam is a city in the State of Madhya Pradesh in India. Some of the
residents of the municipality filed a complaint before the Sub-Divisional
Magistrate alleging that the municipality is not constructing proper drains and there
is stench and stink caused by the exertion by nearby slum-dwellers and that there
was nuisance to the petitioners. The Sub Divisional Magistrate of Ratlam district
instructed the municipality to prepare a proper development plan within 6 months
of the complaint submitted by the residents of Ratlam city (approved by High
Court). Afterwards the municipality came in appeal before the apex court of India
and alleged that they do not have proper financial support as well as proper funds
to comply with the direction given by the sub divisional magistrate of Ratlam city.
Respondents argued that the Municipality of Ratlam city had failed to meet its
obligations given by the sub divisional magistrate to provide for public health
including by failing to abate pollution and other hazardous waste from impacting
their homes. Respondents focused to stop pollution caused by a runoff from a
nearby alcohol plant resulting in form of malaria. The Supreme Court instructed
the Municipal Council of Ratlam to immediately follow order given by the Sub
Divisional Magistrate of Ratlam city to protect the area from pollution caused by
alcohol plant flowing into the neighboring areas of the resident. Supreme court also
ordered the municipal to take necessary steps to fulfill their obligation by
providing adequate number of public laterals for specifically men and women
separately along with to provide water supply and scavenging service in morning
as well as in evening to ensure proper sanitation. The court also ordered that these
obligations to be fulfilled within six months of court order. It was held by Supreme
Court that pollution free environment is an integral part of right to life under
Article 21. The Court Further held that in case municipality feel the need of
resources then it will raise its demand from State government by elitist projects,
request loans from the State Government from the savings account of public health
expenditure to fulfill the resource requirement for the implementation of courts
order.

THE AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981

• The effects of climate change caused by all forms of pollution became all
too apparent in the early 1970s. To mitigate their harmful effects it was
believed that nations would need to pass their own laws. Thus during the
United Nations General Assembly on Human Environment held in
Stockholm in June 1972, a resolution was passed which implored the nations
of the world to preserve natural resources such as air.
 • India itself had issues regarding air pollution due to a wide variety of factors
such as stubble burning, improper industrial practices, environmental factors
etc. To combat these factors a special law was enacted under the
Constitution of India, which was the Air (Prevention and Control of
Pollution) Act of 1981.
• The Objective of the Act is: to provide for the prevention, control and
abatement of air pollution, for the establishment, with a view to carrying out
the aforesaid purposes, of Boards, for conferring on and assigning to such
Boards powers and functions relating thereto and for matters connected
therewith
• The Act extends to the whole of India.

Section 2- Definitions

Section 2(a)- “air pollutant” means any solid, liquid or gaseous substance
[(including noise)] present in the atmosphere in such concentration as may be or
tend to be injurious to human beings or other living creatures or plants or property
or environment;

Section 2(b)- “air pollution” means the presence in the atmosphere of any air
pollutant;

Section 2(f)- “Board” means the Central Board or a State Board;

Salient Features of the Act

• Section 3- The Central and State Pollution Control Boards have the
responsibility to exercise the powers provided under this Act without
prejudice.

• Section 16 describes the functions of the Central Pollution Control Board,

some of which includes-

• Section 17 describes the functions of the State Pollution Control, some of

• Section 22 states that no person or industry shall emit air pollutants above
the standards set by the Pollution Control Boards. Under this, the Board can
even approach a court to gain a restraining order on the industry that fails to
meet its standards.
 • Section 37 states that failure to comply with the rules of Section 21 will
result in punishment that is a minimum of one year and 6 months, but
extendable up to 6 years with fine. If the failure continues, an additional fine
of 25,000 rupees per day is introduced till the time the offence does not stop.
If the failure continues for more than a year, then the culprit is punishable by
imprisonment for a minimum of 2 years and can extend up to 7 years with
fine.

THE WATER (PREVENTION AND CONTROL OF POLLUTION) ACT,

1974

• The Water (Prevention and Control of Pollution) Act, 1974 is the first of a
series of legislation passed by the Government of India pertaining to
regulation of environmental aspects in the country. Rising water pollution
due to industrial and domestic activities became a cause of concern, leading
to the enaction of this legislation.
• The Objective of the act is: to provide for the prevention and control of
water pollution and the maintaining or restoring of wholesomeness of water,
for the establishment, with a view to carrying out the purposes aforesaid, of
Boards for the prevention and control of water pollution, for conferring on
and assigning to such Boards powers and functions relating thereto and for
matters connected therewith.

Section 2- Definitions

Section 2(a)- “Board” means the Central Board or a State Board;

Section 2(e)- “pollution” means such contamination of water or such alteration of

the physical, chemical or biological properties of water or such discharge of any
sewage or trade effluent or of any other liquid, gaseous or solid substance into
water (whether directly or indirectly) as may, or is likely to, create a nuisance or
render such water harmful or injurious to public health or safety, or to domestic,
commercial, industrial, agricultural or other legitimate uses, or to the life and
health of animals or plants or of acquatic organisms;

Salient Features of the Act

• Section 3 and Section 4- Constitution of the Central Pollution Control Board

and State Pollution Control Boards, respectively, are provided the authority
to exercise the powers conferred to them under this Act.

• Section13- Constitution of a Joint Board. Under this Section, the Act

prescribes the constitution of a Joint Board for pollution control Section

• Section 16- Functions of the Central Board

• Section 33: This section gives power to the Boards to appeal to the courts to
restrict certain actions, if it feels that it is likely to cause harm to water
resources in an area. The court has the power to decide for or against such an
application.

THE NOISE POLLUTION (REGULATION AND CONTROL) RULES,

2000;

• The reasoning behind the enactment of these rules was that the noise emitted
by loudspeakers, vehicular horns, construction activities, music systems,
industries, and other mechanical equipment have an adverse impact on the
physical and physiological growth of human beings. These rules were
formulated in order to curb the menace of excessive noise pollution from
these sources to create an ambient atmosphere for healthy living.
 • The noise pollution rules prohibit the use of loudspeakers at night and
provide provisions for penalties in case permission for the use of such
devices is not sought from a competent authority. However, these rules have
proven to be inadequate and lack implementation despite the Supreme
Court’s repeated reminders.

ANIMAL PROTECTION ACTS AND LAWS

THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960

• The basic cruelty law of India is contained in the Prevention of Cruelty to

Animals Act 1960.
• The Objective of the act is to prevent the infliction of unnecessary pain or
suffering on animals and for that purpose to amend the law relating to the
prevention of cruelty to animals.
• It extends to the whole of India

Section 2- Definitions
Section 2(a)- “animal” means any living creature other than a human being;

Section 2(c)- “captive animal” means any animal (not being a domestic animal)
which is in captivity or confinement, whether permanent or temporary, or which is
subjected to any appliance or contrivance for the purpose of hindering or
preventing its escape from captivity or confinement or which is pinioned or which
is or appears to be maimed;

Section 2(d)- “domestic animal” means any animal which is tamed or which has
been or is being sufficiently tamed to serve some purpose for the use of man or
which, although it neither has been nor is being nor is intended to be so tamed, is
or has become in fact wholly or partly tamed;

Salient Features of the Act

• Section 4- Establishment of Animals Welfare Board of India by the Central

Government for the promotion of animal welfare generally and for the
purpose of protecting animals from being subjected to unnecessary pain or
suffering.
• Section 11- Treating animals cruelly
The Act enumerates different variants of cruelty to animals under Section 11
as the following actions:
a) Beating, kicking, overriding, overloading, torturing and causing
unnecessary pain to any animal.
b) Using an old or injured or unfit animal for work (the punishment
applies to the owner as well as the user).
c) Administering an injurious drug/medicine to any animal.
d) Carrying an animal in any vehicle in a way that causes it pain and
discomfort.
e) Keeping any animal in a cage where it doesn’t have reasonable
opportunity of movement.
f) Keeping an animal on an unreasonably heavy or short chain for an
unreasonable period of time.
g) Keeping an animal in total and habitual confinement with no
reasonable opportunity to exercise.
h) Being an owner failing to provide the animal with sufficient food,
drink or shelter.
 i) Abandoning an animal without reasonable cause.
j) Willfully permitting an owned animal to roam on streets or leaving it
on the streets to die of disease, old age or disability.
k) Offering for sale an animal which is suffering pain due to mutilation,
starvation, thirst, overcrowding or other ill-treatment.
l) Mutilating or killing animals through cruel manners such as using
strychnine injections.
m) Using an animal as bait for another animal solely for entertainment.
n) Organizing, keeping, using or managing any place for animal fighting.
o) Shooting an animal when it is released from captivity for such
purpose.

However, the Act does not consider as cruelty:

a) the dehorning/castration of cattle in the prescribed manner,
b) destruction of stray dogs in lethal chambers in prescribed manner and
c) extermination of any animal under the authority of law.

• Section 14- Experiment on animals: The Act does not render unlawful
experimentation on animals for the purpose of advancement by new
discovery of physiological knowledge or knowledge to combat disease,
whether of human beings, animals or plants. It envisages the creation of a
Committee for control and supervision of experiments on animals by the
central government which even has the power to prohibit experimentation if
so required.
• Section 22- prohibits exhibiting or training an animal without registration
with the AWBI. The Section prohibits animals such as monkeys, bears,
lions, tigers, panthers and bulls from being utilized as performing animals.
• As per Section 28, nothing contained in the Act shall render it an offence to
kill any animal in a manner required by the religion of any community.

Penalties

Treating animals cruelly is punishable with a fine of Rs. 10 which may extend to
Rs. 50 on first conviction. On subsequent conviction within three years of a
previous offence, it is punishable with a fine of Rs. 25 which may extend to Rs.
100 or imprisonment of three months or with both.

Contravention of any order of the committee regarding experimentation on animals

is punishable with a fine up to Rs. 200.

THE WILD LIFE (PROTECTION) ACT, 1972

• The Indian Parliament enacted the Wildlife (Protection) Act in 1972, which
provides for the safeguard and protection of the wildlife (flora and fauna) in
the country.
• The Objective of the act is to provide for the protection of wild animals,
birds and plants and for matters connected therewith or ancillary or
incidental thereto with a view to ensuring the ecological and environmental
security of the country.
• The Act extends to the Whole of India

Section 2- Definitions

Section 2(1)- “animal” includes amphibians, birds, mammals and reptiles and their
young, and also includes, in the cases of birds and reptiles, their eggs;

Section 2(15)- “habitat” includes land, water or vegetation which is the natural
home of any wild animal;
Section 2(16)- “hunting”, includes

(a) killing or poisoning of any wild animal or captive animal and every attempt to
do so;

(b) capturing, coursing, snaring, trapping, driving or baiting any wild or captive
animal and every attempt to do so;

(c) injuring or destroying or taking any part of the body of any such animal or, in
the case of wild birds or reptiles, damaging the eggs of such birds or reptiles, or
disturbing the eggs or nests of such birds or reptiles;

Salient Features of the Act

This Act provides for the protection of a listed species of animals, birds, and
plants, and also for the establishment of a network of ecologically-important
protected areas in the country.

• The Act provides for the formation of wildlife advisory boards, wildlife
wardens, specifies their powers and duties, etc.

• It helped India become a party to the Convention on International Trade in

Endangered Species of Wild Fauna and Flora (CITES).

• For the first time, a comprehensive list of the endangered wildlife of the
country was prepared.

• The Act prohibits the hunting of endangered species.

• Scheduled animals are prohibited from being traded as per the Act’s
provisions.

• The Act provides for licenses for the sale, transfer, and possession of some
wildlife species.

• It provides for the establishment of wildlife sanctuaries, national parks, etc.

• Its provisions paved the way for the formation of the Central Zoo
Authority. This is the central body responsible for the oversight of zoos in
India. It was established in 1992.

• The Act created six schedules which gave varying degrees of protection to
classes of flora and fauna.
 o Schedule I and Schedule II (Part II) get absolute protection, and
offences under these schedules attract the maximum penalties.

o The schedules also include species that may be hunted.

• The National Board for Wildlife was constituted as a statutory

organization under the provisions of this Act.

o This is an advisory board that offers advice to the central

government on issues of wildlife conservation in India.

o It is also the apex body to review and approve all matters

related to wildlife, projects of national parks, sanctuaries, etc.

o The chief function of the Board is to promote the conservation

and development of wildlife and forests.

o It is chaired by the Prime Minister.

• The Act also provided for the establishment of the National Tiger
Conservation Authority.

o It is a statutory body of the Ministry of Environment, Forest

and Climate Change with an overall supervisory and
coordination part, performing capacities as given in the Act.

o Its mandate is to strengthen tiger conservation in India.

o It gives statutory authority to Project Tiger which was

launched in 1973 and has put the endangered tiger on a
guaranteed path of revival by protecting it from extinction.

Protected Areas under the Wildlife Protection Act

There are five types of protected areas as provided under the Act. They are
described below.

1. Sanctuaries: “Sanctuary is a place of refuge where injured, abandoned, and

abused wildlife is allowed to live in peace in their natural environment without any
human intervention.”

• They are naturally-occurring areas where endangered species are protected

from poaching, hunting, and predation.
 • Here, animals are not bred for commercial exploitation.

• The species are protected from any sort of disturbance.

• Animals are not allowed to be captured or killed inside the sanctuaries.

• A wildlife sanctuary is declared by the State government by a Notification.

Boundaries can be altered by a Resolution of the State Legislature.

• Human activities such as timber harvesting, collecting minor forest products,

and private ownership rights are permitted as long as they do not interfere
with the animals’ well-being. Limited human activity is permitted.

• They are open to the general public. But people are not allowed unescorted.
There are restrictions as to who can enter and/or reside within the limits of
the sanctuary. Only public servants (and his/her family), persons who own
immovable property inside, etc. are allowed. People using the highways
which pass through sanctuaries are also allowed inside.

• Boundaries of sanctuaries are not generally fixed and defined.

• Biologists and researchers are permitted inside so that they can study the
area and its inhabitants.

• The Chief Wildlife Warden (who is the authority to control, manage and
maintain all sanctuaries) may grant permission to persons for entry or
residence in the sanctuary for the study of wildlife, scientific research,
photography, the transaction of any lawful business with persons residing
inside, and tourism.

• Sanctuaries can be upgraded to the status of a ‘National Park’.

• Examples: Indian Wild Ass Sanctuary (Rann of Kutch, Gujarat);

Vedanthangal Bird Sanctuary in Tamil Nadu (oldest bird sanctuary in India);
Dandeli Wildlife Sanctuary (Karnataka).

2. National Parks: “National Parks are the areas that are set by the government to
conserve the natural environment.”

• A national park has more restrictions as compared to a wildlife sanctuary.

 • National parks can be declared by the State government by Notification. No
alteration of the boundaries of a national park shall be made except on a
resolution passed by the State Legislature.
• The main objective of a national park is to protect the natural environment of
the area and biodiversity conservation.
• The landscape, fauna, and flora are present in their natural state in national
parks.
• Their boundaries are fixed and defined.
• Here, no human activity is allowed.
• Grazing of livestock and private tenurial rights are not permitted here.
• Species mentioned in the Schedules of the Wildlife Act are not allowed to be
hunted or captured.
• No person shall destroy, remove, or exploit any wildlife from a National
Park or destroy or damage the habitat of any wild animal or deprive any wild
animal of its habitat within a national park.
• They cannot be downgraded to the status of a ‘sanctuary’.
• Examples: Bandipur National Park in Karnataka; Hemis National Park in
Jammu & Kashmir; Kaziranga National Park in Assam.

3. Conservation Reserves: The State government may declare an area

(particularly those adjacent to sanctuaries or parks) as conservation reserves after
consulting with local communities.

4. Community Reserves: The State government may declare any private or

community land as a community reserve after consultation with the local
community or an individual who has volunteered to conserve the wildlife.

5. Tiger Reserves: These areas are reserved for the protection and conservation of
tigers in India. They are declared on the recommendations of the National Tiger
Conservation Authority.

Schedules of the Wildlife Protection Act

Schedule I Schedule II
• This Schedule • Animals under this list are also
covers endangered species.
 • These species need rigorous accorded high protection.

protection and therefore, the • Their trade is prohibited.

harshest penalties for violation • They cannot be hunted except
of the law are under this under threat to human life.
Schedule. • Examples: Kohinoor (insect),
• Species under this Schedule are Assamese Macaque, Bengal
prohibited to be hunted Hanuman langur, Large Indian
throughout India, except under Civet, Indian Fox, Larger
threat to human life. Kashmir Flying Squirrel,
• Absolute protection is accorded Kashmir Fox, etc.
to species on this list.
• The Trade of these animals is
prohibited.
• Examples: Tiger, blackbuck,
Himalayan Brown Bear, Brow-
Antlered Deer, Blue whale,
Common Dolphin, Cheetah,
Clouded Leopard, hornbills,
Indian Gazelle, etc.

Schedule III & IV Schedule V

• This list is for species that are • This schedule contains animals
not endangered. that can be hunted.
• This includes protected species • Examples: mice, rat, common
but the penalty for any violation crow, fruit bats, etc.
is less compared to the first two
schedules.
• Examples: Hyena, Himalayan
rat, porcupine, flying fox,
Malabar tree toad, etc.

Schedule VI
• This list contains plants that are forbidden from cultivation.
• Examples: pitcher plant, blue vanda, red vanda, kuth, etc.
Penalties

Any person who contravenes any provision of this Act or any rule or order made
thereunder or who commits a breach of any of the conditions of any licence or
permit granted under this Act, shall be guilty of an offence against this Act, and
shall, on conviction, be punishable with imprisonment for a term which may
extend to 3 [three years], or with fine which may extend to twenty-five thousand
rupees or with both

HUNTING AND POACHING NORMS

Hunting

Hunting means some type of activity that involves mostly 3 processes i.e. Seeking,
Pursuing and Killing wild animals for the purpose of trading, commercialization,
and earning a huge amount of profit from their body and its parts.

Hunting of wild animals to be permitted in certain cases

Hunting of wild animals is surely an illegal act and any person performing it will
be booked under the provisions of law as per different act as mentioned above. If
we look at the provisions and sections of Wildlife (Protection) Act, 1972 then
Section 11 of the same act deals with the certain cases where hunting of wild
animals is permitted. Section 11 of Wildlife (Protection) Act says that,
notwithstanding anything contained in any other law for the time being in force
and subject to the provision of Chapter IV.

1. If the Chief WildLife Warden is satisfied that any wild animal specified in
schedule (I) which is dangerous to human life or diseased as to be beyond
recovery, by order in writing and stating the reasons therefor, permit any
person to hunt such animal.
 2. If the Chief WildLife Warden or the authorized officer is satisfied that the
wild animal mentioned in schedule (II) is dangerous to human life or to any
property, by order in writing and stating the reasons therefor, permit any
person to hunt any such animal.

3. The killing or harming of any wild animal in self defence of oneself or

defence of anyone shall not be booked or constitute an offence under
Wildlife (Protection) Act, 1972.

These are the exceptions provided in Section 11 of Wildlife (Protection) Act,

1972 in which any person will be permitted for hunting a wild animal.

The whole act of killing an animal should be as per the provision mentioned and if
it is not according to the provisions mentioned then that person will be booked
under the said provisions and shall be punished.

Grant of a permit of Hunting for special purposes

Grant of permit hunting for special purposes simply means that any person can
practice hunting without being held liable according to the provisions of law which
regulate the hunting of Animals only in special circumstances or for special
purposes.

According to the Section 12 of Wildlife (Protection) Act, 1972, notwithstanding

anything contained elsewhere in the Wildlife (Protection) Act, 1972, it is lawful for
the warden to grant a permit, by an order in writing stating the reasons therefor, to
any person, on payment of fees as prescribed, which shall entitle the holder of such
permit to hunt subject to such conditions as may be specified, for the purpose of:

1. Education.

2. Scientific research.

3. Scientific Management.

Poaching

Poaching is referred to as the illegal hunting of wild animals.

Animal poaching is defined as the capture, hunting, and exploitation of animals.

Animals are used for a variety of reasons. For example, mongoose hair, snakeskin,
rhino hair, tiger and leopard claws, bone, skins, whiskers; deer antlers; turtle shells;
caged birds, and so on are all used to make a variety of items in India. Today,
poaching has grown into a multibillion-dollar industry. The transaction is
frequently conducted on the worldwide market.

Relevant Laws

1. Indian Penal Code, 1860: Section 428 and Section 429 reads that killing,
poaching, maiming, poisoning or torturing an animal is a cognizable offence
and immediately FIR must be lodged in area police station. The punishment
for such act is rigorous imprisonment which may extent to five years or fine
or both.

2. The Performing Animals Rule, 1973 and The Performing Animals

(Registration) Rule, 2001: Section 3 of The Performing Animals
(Registration) Rules, 2001, provides for Application of registration stating
that any person desirous of training or exhibiting performing animals has to
apply for registration to the prescribed authority. Without being registered
such a person is not allowed to exhibit or train any animal as a performing
animal. Apart from this, Section 8 of The Performing Animals (Registration)
Rules, 2001 lays down general conditions for registration, which the
prescribed authority while granting registration may impose such terms and
conditions.

3. Constitution of India: Under Article 51A (g), it is a fundamental duty of

every citizen of India to protect and improve natural environment including
forests, lake, rivers and wildlife and to have compassion for living creatures.

Case Laws

R. Simon vs. Union of India

Facts: The petitioner who was the manufacturer of coats, caps, gloves blankets and
snake skin items like bags, shoes and brief cases challenged 1991 Amendment
which prohibited trade in animal articles. It was contended that the said Act is
colourable legislation as it indirectly takes away fundamental right to carry on any
trade or business under Art. 19(1)(g), which cannot be done directly. Further
certain wild animals are harmful and serve no useful purpose.

While rejecting the contentions the Delhi High Court held that every animal is
important in maintaining ecological balance and it is the duty of every Indian
citizen to protect and improve the wildlife in the country. Further, no fundamental
right is absolute and the same can be restricted in public interest. Wildlife
protection is very much in public interest. Hence the 1991 Amendment is
constitutional.

Babran Kumawat vs. Union of India

Facts: The petitioner was the manufacturer of Mammoth ivory. Mammoth animal
had already disappeared in Alaska and Siberia due to climatic conditions. The
question was can it be considered as an imported ivory under the 1991 Amendment
Act. The Supreme Court held that 1991 Amendment prohibits trade of ivory of
every description. It may be an elephant ivory or mammoth ivory. Hence, the
petitioner cannot carry on the trade in mammoth ivory.

ENDANGERED FLORA AND FAUNA

Endangered Plants

1. Malabar Mahogany
2. Musli- also known as Chlorophytum tuberosum is a medicinal
blooming plant that has been in the endangered plant list for some
time now.
3. Red Sandalwood- Sandalwood has always been a highly sought tree.
The Pterocarpus Santalinus is a very premium type of sandalwood that
 has high medicinal properties and healing effects. This substance is
further used for skin care as well.
4. Assam Catkin Yew
5. Ebony- Dark and durable, the Diospyros celebica, or Ebony plant, is
known for producing high quality primo wood. Just like Mahogany
plants, Ebony is high in demand for timber production, landing it on
the endangered list.

Endangered Animals

1. Asiatic Lion- The Asiatic Lion is one of the mightiest species of lion in the
world. The entire population of the species can now only be found in India
and is now restricted to Gir National Park and environs in Gujarat.
2. Bengal Tiger: Referred to as the ‘Big Cat’ in our country, the Bengal Tiger
has 70 percent of its overall population living in India. Due to the rigorous
poaching instances in India, the species become endangered in the last 4
years. Corbett National Park has a large number of Bengal Tigers currently,
though the overall number of these tigers in India are down to around 2000.

3. Snow Leopard- The snow leopard is a large cat which used to be found in
large numbers in the mountain ranges of Asia, but because of constant
human interference in their natural environment, the number of snow
leopards have dropped down to almost 500. These cats can now be spotted
only in Ladakh, Himachal Pradesh, Uttarakhand and the western and eastern
parts of the Himalayas.

4. Nilgiri Tahr- The Nilgiri Tahr is an endangered mountain goat species,

which is now found in some areas of Kerala. The species became
endangered due to continuous poaching and lack of natural habitats for
them. They are considered as the state animal of Tamil Nadu but are now
having troubling finding a home in the state. There are around 2500 Nilgiri
Tahrs left in the world now and their numbers remain decreasing due to
harmful human activities.

5. Kashmiri Red Stag- The Kashmiri Red Stag is also known as Hangul, and
have been critically endangered for decades. The animal is found in dense
riverine forests of the high valleys in Kashmir and Himachal Pradesh. The
number of Kashmiri red stags had fallen as low as 150 in 1970 but since
 then, there have been many conservation drives conducted to protect this
critically endangered species in our country.

6. Blackbuck- The blackbuck is also known as the Indian antelope and in

found in several regions of India, Nepal and Pakistan. The species has also
been declared extinct in Bangladesh and is now endangered in India due to
heavy poaching and tampering of its natural environment. The blackbuck
can now only be seen in small herds in the country, but as a conservative
measure, it has been introduced in Argentina and the United States to
increase their number.

7. One- horned rhinoceros- The one horned rhino is also called the Indian
rhinoceros and is listed as a vulnerable species by the IUCN. The animal is
mostly found in the foothills of Himalayas, in India and in Nepal. They are
usually poached for their horns, which allegedly have medicinal properties.
Due to constant poaching, the numbers have decreased over time, with now
more than 2000 such rhinos remaining in the wild. Now they are being
conserved in several wildlife sanctuaries and parks in the nation.

WILDLIFE AND RESERVES

India is famous for its vast and varied terrain that is home to some unique flora and
fauna species. It is indeed a haven for those who love nature and wildlife. Boasting
of rich biodiversity and varied geographical features, this country is home to an
incredible number of wildlife species. There is something here for every wildlife
enthusiast and nature lover.

India boasts of a large number of wildlife sanctuaries and these parks are home to
some rare and exotic species of animals like the, one-horned rhinoceros, royal
Bengal tiger, snow leopard, Asiatic lion, etc.

Jim Corbett National Park, Uttarakhand

The Corbett National Park is one of the oldest national parks in India, named
after Jim Corbett, the famous wildlife story writer. It was founded in 1936 with the
aim of protecting the Bengal tigers. It is extremely popular with wildlife lovers and
is located in the foothills of the Himalayas. The park attracts a large number of
wildlife lovers from not just within India but also from across the world. Many
documentaries have been shot here to raise awareness about the decreasing number
of Bengal tigers.

Sundarbans National Park, West Bengal

Sundarbans National Park is the largest mangrove forest in the world and is spread
over more than ten thousand kilometres. These mangrove forests are located
between India and Bangladesh in the delta of Bay of Bengal. One can access every
corner of the forest because of the interconnected waterways network. Home to the
famous royal Bengal tiger, the Sundarbans is also well-known for its crocodile and
snake population.
Kaziranga National Park, Assam

The park is a World Heritage Site and is home to two-thirds of the one-horned
rhinoceros’ population in the world. Other wildlife species that are found within
the park include the Eastern swamp deer and the wild Asiatic water buffalo. In
fact, about 50% of the wild Asiatic water buffalo population lives in the swamps
here.

Bhadra Wildlife Sanctuary, Karnataka

The Bhadra Wildlife Sanctuary in Karnataka is in Chikmagalur and one of the top
wildlife sanctuaries in India It is a great spot for adventure lovers and wildlife
photographers to head to. The sanctuary is home to Indian rock pythons, King
cobra, leopards, tigers, boars, porcupines, and many other animals.

Sasan Gir National Park

Sasan Gir National Park is one of the most popular national parks in Gujarat for its
thriving population of the Asiatic Lion. Due to its diverse eco system and
geography, Gir Forest National Park is home to a large variety of species of flora
and fauna. The rare species of animals found here are Asiatic Lions, Leopards,
Sloth Bears, Jungle Cats, Spectacled Cobra and several rare species of birds are
also found here.
 POLLUTION CONTROL

What is Pollution?

“Pollution is the introduction of substances (or energy) that cause adverse

changes in the environment and living entitie .”

The addition of unwanted substances in a concentration that has an adverse effect

on organisms and environment, is called pollution

Pollution need not always be caused by chemical substances such as particulates

(like smoke and dust). Forms of energy such as sound, heat or light can also cause
pollution.

The agents that pollute the environment or cause pollution are called pollutants.

Pollution, even in minuscule amounts, impacts the ecological balance. Pollutants

can make their way up the food chain and eventually find their way inside the
human body.

Types of Pollution

There are different types of pollution, which are either caused by natural events
(like forest fires) or by man-made activities (like cars, factories, nuclear wastes,
etc.) These are further classified into the following types of pollution:

• Air Pollution

• Water Pollution

• Soil Pollution

• Noise Pollution

Besides these, other types exist such as light pollution, thermal pollution and
radioactive pollution. The latter is much rarer than other types, but it is the
deadliest.

AIR POLLUTION
Air pollution refers to the release of harmful contaminants (chemicals, toxic gases,
particulates, biological molecules, etc.) into the earth’s atmosphere. These
contaminants are quite detrimental and in some cases, pose serious health issues.

Sources of air pollution

The sources of air pollution can be divided into two categories

(i) Natural sources

• Ash from burning volcanoes, dust from storm, forest fires
• Pollen grains from flowers in air are natural sources of pollution

(ii) Anthropogenic (human-made) sources

• Power stations using coal or crude oil release CO2 in air
• Furnaces using coal, cattle dung cakes, firewood, kerosene, etc.
• Steam engines used in railways, steamers, motor vehicles, etc. give
out CO2, so do Motor and internal combustion engines which run
on petrol, diesel, kerosene. etc.

Effects of Air Pollution

The effects of air pollution vary based on the kind of pollutant. But generally, the
impact of air pollution ranges from:

• Increased risk of respiratory illness and cardiovascular problems

• Increased risk of skin diseases

• May increase the risk of cancer

• Smog (smoke+fog) formation leads to poor visibility and aggravates asthma

in patients

• Global warming

• Acid rain

• Ozone depletion

• Hazards to wildlife

Among the other types of pollution, air pollution is theorized to have a planet-wide
implication. Scientists have even speculated an apocalypse-like scenario where air
pollution if left unchecked, can bring about an extreme form of global
warming called the runaway greenhouse effect.

Prevention and control of air pollution

(i) At domestic level, burning of wood and dung cakes can be replaced by
use of cleaner fuel and biogas (formed by the decomposition of animal
and plant wastes in a biogas plant).
(ii) Automobile pollution can be reduced by :
• pooling of transport or use of public transport.
• use of unleaded petrol and CNG (Compressed Natural Gas)
• regular tuning and servicing of the engines, and
• switching off the engine at red lights or when not in use.
(iii) Following measures can reduce industrial pollution:
• installation of tall chimneys,
• installation of devices that do not allow pollutants to be released in
the environment, such as filters, electrostatic precipitators,
scrubbers etc.

M.C. Mehta v. Union Of India (Gas Leak In Shriram Factory)

Judgment- There was a leakage of poisonous gas (methyl isocyanate) from Union
Carbide Corporation India Limited, located at Bhopal, Madhya Pradesh. This
disaster was described as “World’s worst industrial disaster” as it claimed the lives
of 2260 people and caused serious injuries with a variety of complications to about
6 lakhs of people. When the matter was pending before the Supreme Court, another
gas disaster took place from Shri Ram Foods and Fertilizer Industries (belonging to
Delhi Textile Mills Ltd.), Delhi on 4th and 6th December 1985. One advocate died
and several others injured. MC Mehta, a leading legal practitioner, Supreme Court
filed a “public interest litigation” petition under Article 32 of the Constitution.

Issues Raised were- Whether the plant can be allowed to continue or not? If not,
what measures are required to be taken to prevent the leakages, explosions, air and
water pollution?

Court held that the “absolute liability” of a hazardous chemical manufacturer to

give compensation to all those affected by an accident was introduced in this case
and it was the first time compensation was paid to victims. The court laid down
following principles- The management, Shri Ram Foods was required to deposit in
the court, Rs. 20 lakhs as security for payment of compensation to the victims. A
green belt of 1 to 5 K.M. widths around such industries should be provided. The
court directed the Central Government to set up an Environmental Court consisting
of a Judge and two experts (Ecological Sciences Research Experts) as members to
assist the judge in deciding the environmental cases. Pursuant upon the
recommendation, the Govt. of India passed the National Environment Tribunal
Act, 1995 to deal with the cases of environmental pollution.

WATER POLLUTION

Any physical, biological or chemical change in water quality that adversely affects
living organisms or makes water unsuitable for desired use is called water
pollution

Water pollution is said to occur when toxic pollutants and particulate matter are
introduced into water bodies such as lakes, rivers and seas. These contaminants are
generally introduced by human activities like improper sewage treatment and oil
spills. However, even natural processes such as eutrophication can cause water
pollution.

Other significant causes of water pollution include:

• Dumping solid wastes in water bodies

• Disposing untreated industrial sewage into water bodies

• Human and animal wastes

• Agricultural runoff containing pesticides and fertilisers

Sources of water pollution

There are two sources of water pollution on the basis of origin of pollutants:

(i) Point sources. Those sources which discharge water pollutants directly
into the water are known as point sources of water pollution. Oil wells
situated near water bodies, factories. power plants, underground coal
mines, etc. are point sources of water pollution.
(ii) Non-point sources. Those sources which do not have any specific
location for discharging pollutants, in the water body are known as non-
 point sources of water pollution. Run-offs from agricultural fields, lawns,
gardens, construction sites, roads and streets are some non-point sources
of water pollution.

Effects of Water Pollution

• Water pollution adversely affects the fish and other aquatic life.
• The presence of acids/alkalis in water destroys micro-organisms, thereby
disturbing the self purification process in rivers.
• The toxic materials in water cause serious health hazards in human beings
and other animals.
• Polluted water causes spread of epidemics, such as cholera, tuberculosis,
jaundice, dysentery, typhoid and diarrhoea in human beings.
• The use of polluted water from lakes, ponds and rivers for irrigation of
agricultural fields, damages crops severely and decreases agricultural
production.
• The use of water contaminated with salts increases alkalinity of the soil.
• Heavily polluted water affects the soil, decreases its fertility and kills soil
micro-organisms and even certain useful bacteria.
• Contamination of sea water due to oil slicks caused by the leakage of crude
oil from oil tankers causes ecological disasters which results in the death of
sea organisms including fishes

Prevention and control of water pollution

• Water pollution can be controlled by Treating industrial effluents before

discharging into rivers, separate channels for river and sewage water
• Avoid contamination of rivers, lakes and ponds by washing clothes, bathing.
etc.
• Not throwing waste, food materials, paper, biodegradable vegetables and
plastic into open drains.
• Setting up sewage water treatment plants.
• Effluents from distilleries and solid waste containing organic matter diverted
to biogas plants to generate energy
• Maintenance or safety standards for the effluents discharged into the water
system
 M.C. Mehta v. Union of India- Ganga Pollution Case

Judgment- In 1985, M.C. Mehta filed a writ petition in the nature of mandamus to
prevent leather tanneries from disposing of the domestic and industrial waste and
effluents in the Ganga River. In this petition, the petitioner requested the court to
request the Supreme Court (the Court) to restrain the respondents from releasing
effluents into the Ganga river till the time they incorporate certain treatment plants
for the treatment of toxic effluents to arrest water pollution. The Court highlighted
the importance of certain provisions in our constitutional framework, which
enshrine the significance and the need for protecting our environment. Article 48-
A provides that the State shall endeavor to protect and improve the environment
and to safeguard the forests and wildlife of the country. Article 51-A of the
Constitution of India imposes a fundamental duty on every citizen to protect and
improve the natural environment, including forests, lakes, rivers, and wildlife. The
Court stated the importance of the Water (Prevention and Control of Pollution)
Act, 1974 (the Water Act). This act was passed to prevent and control water
pollution and maintaining water quality. This act established central and stated
boards and conferred them with power and functions relating to the control and
prevention of water pollution. The Court held the despite provisions in the Water
(Prevention and Control of Pollution) Act, 1974 Act no effective steps were taken
by the State Board to prevent the discharge of effluents into the river Ganga. Also,
despite the provisions in the Environment Protection Act, no effective steps were
taken by the Central Government to prevent the public nuisance caused by the
tanneries at Kanpur.

In a historic judgment in 1987, the court ordered the closure of a number of

polluting tanneries near Kanpur. The court held that- “Just like an industry which
cannot pay minimum wages to its workers cannot be allowed to exist, a tannery
which cannot set up a primary treatment plant cannot be permitted to continue to
be in existence.” The Court ordered the tanneries to establish primary treatment
plants, if not Secondary treatment plants. That is the minimum which the tanneries
should do in the circumstances of the case.

SOIL POLLUTION
Soil pollution, also called soil contamination, refers to the degradation of land due
to the presence of chemicals or other man-made substances in the soil. The
xenobiotic substances alter the natural composition of soil and affect it negatively.
These can drastically impact life directly or indirectly. For instance, any toxic
chemicals present in the soil will get absorbed by the plants. Since plants are
producers in an environment, it gets passed up through the food chain. Compared
to the other types of pollution, the effects of soil pollution are a little more
obscured, but their implications are very noticeable.

Some of the common causes of soil pollution are:

• Improper industrial waste disposal

• Oil Spills

• Acid rain which is caused by air pollution

• Mining activities

• Intensive farming and agrochemicals (like fertilisers and pesticides)

• Industrial accidents

Sources of soil pollution

Soil pollution is caused due to :

Domestic sources : plastic bags, kitchen waste, glass bottles, and paper

Industrial sources : chemical residue, fly ash, metallic waste, and

Agricultural residues : fertilizers and pesticides

Effects of Soil Pollution

The effects of soil pollution are numerous. Specific wastes, such as radioactive
waste become particularly hazardous when they are not well-contained. A well-
documented example is a nuclear accident in Chernobyl, which has left an area of
2,600 km2 uninhabitable for several thousand years.

Other effects of soil pollution include:

• Loss of soil nutrients, which renders the soil unfit for agriculture

• Impacts the natural flora and fauna residing in the soil

 • Degrades vegetation due to the increase of salinity of the soil

• Toxic dust (such as silica dust) can cause respiratory problems or even lung
cancer

• Decrease in irrigated land thereby reduction in agricultural production.

• Decrease in soil productivity.

• Carry over of pollutants into the food chain.

• Damage to landscape

Prevention and Control of Soil Pollution

• Judicious use of chemical fertilizers and pesticides.

• Proper and appropriate irrigation practices
• Conversion of farm wastes into compost and much use of bio fertilizers and
manure in farming.
• Ensure use of pollution free or treated waste water only for irrigation.
• Recycling of waste material for example plastic, metal and glass are
recyclable and incineration of non recyclable, wastes.

NOISE POLLUTION

Noise can be simply defined as “unwanted sound’’. It is generally higher in urban

and industrial areas than in rural areas. Workers using heavy machinery are
exposed to high noise levels for long period of work hours every day. Intensity of
sound is measured in a unit called decibel or dB. The lowest intensity of sound that
human ear can hear is 20 dB.

Noise pollution refers to the excessive amount of noise in the surrounding that
disrupts the natural balance. Usually, it is man-made, though certain natural
calamities like volcanoes can contribute to noise pollution.

In general, any sound which is over 85 decibels is considered to be detrimental.

Also, the duration an individual is exposed plays an impact on their health. For
perspective, a normal conversation is around 60 decibels, and a jet taking off is
around 15o decibels. Consequently, noise pollution is more obvious than the other
types of pollution.

Sources of Noise Pollution

 • Use of loud speakers, loud music system and television at public places

• Industry-oriented noises such as heavy machines, mills, factories, etc.

• Transportation noises from vehicles, aeroplanes, etc.

• Construction noises

• Noise from social events (loudspeakers, firecrackers, etc.)

• Household noises (such as mixers, TV, washing machines, etc.)

Effects of Noise Pollution

Noise pollution has now become very common due to dense urbanisation and
industrialisation. Noise pollution can bring about adverse effects such as :

• Inability to sleep, slow recovery from sickness.

• Irritability and interference in communication.
• Temporary loss of hearing, earache, sometimes even leading to permanent
deafness.
• Inability to concentrate, headache.
• Ringing of ears (a feeling, sound coming from within the ear in a very quiet
environment).
• Increased blood pressure, irregular heart beat.

Prevention and control of noise pollution

Following steps can be taken to control or minimize noise pollution :

• Control the noise emanating from your radio and television.

• Use automobile horn only in case of emergency.
• Do not burn fire crackers as they are noisy and also cause air pollution.
• Get all machinery and engines properly tuned and serviced at regular
intervals and by the use of silencers.
• Use of sound proof cabins and sound-absorbing materials in the walls.
• A green belt of vegetation is an efficient absorber of noise.
• Not playing loudspeakers during odd hours. It is legally banned and should
be reported to the police immediately.
 POLLUTION CONTROL

Pollution control is the process of reducing or eliminating the release of pollutants

into the environment. It is regulated by various environmental agencies which
establish pollutant discharge limits for air, water, and land.

POLLUTION CONTROL BOARD

The Central Pollution Control Board (CPCB), is a statutory organisation,

constituted in September, 1974 under the Water (Prevention and Control of
Pollution) Act, 1974. Further, CPCB was entrusted with the powers and functions
under the Air (Prevention and Control of Pollution) Act, 1981.

It serves as a field formation and also provides technical services to the Ministry of
Environment and Forests of the provisions of the Environment (Protection) Act,
1986.

Principle Functions of the CPCB, as spelt out in the Water (Prevention and Control
of Pollution) Act, 1974, and the Air (Prevention and Control of Pollution) Act,
1981 are:

(i) to promote cleanliness of streams and wells in different areas of the States by
prevention, control and abatement of water pollution, and

(ii) to improve the quality of air and to prevent, control or abate air pollution in the
country.

Functions of the Central Board at the National Level

• Advise the Central Government on any matter concerning prevention and

control of water and air pollution and improvement of the quality of air.

• Plan and cause to be executed a nation-wide programme for the prevention,

control or abatement of water and air pollution;

• Co-ordinate the activities of the State Board and resolve disputes among
them;
 • Provide technical assistance and guidance to the State Boards, carry out and
sponsor investigation and research relating to problems of water and air
pollution, and for their prevention, control or abatement;

• Plan and organise training of persons engaged in programme on the

prevention, control or abatement of water and air pollution;

• Organise through mass media, a comprehensive mass awareness programme

on the prevention, control or abatement of water and air pollution;

• Collect, compile and publish technical and statistical data relating to water
and air pollution and the measures devised for their effective prevention,
control or abatement;

• Prepare manuals, codes and guidelines relating to treatment and disposal of

sewage and trade effluents as well as for stack gas cleaning devices, stacks
and ducts;

• Disseminate information in respect of matters relating to water and air

pollution and their prevention and control;

• Lay down, modify or annul, in consultation with the State Governments

concerned, the standards for stream or well, and lay down standards for the
quality of air; and

• Perform such other function as may be prescribed by the Government of

India.

Functions of the Central Board as State Boards for the Union Territories

• Advise the Governments of Union Territories with respect to the suitability

of any premises or location for carrying on any industry which is likely to
pollute a stream or well or cause air pollution;

• Lay down standards for treatment of sewage and trade effluents and for
emissions from automobiles, industrial plants, and any other polluting
source;

• Evolve efficient methods for disposal of sewage and trade effluents on land;
develop reliable and economically viable methods of treatment of sewage,
trade effluent and air pollution control equipment;
 • Identify any area or areas within Union Territories as air pollution control
area or areas to be notified under the Air (Prevention and Control of
Pollution) Act, 1981;

• Assess the quality of ambient water and air, and inspect wastewater
treatment installations, air pollution control equipment, industrial plants or
manufacturing process to evaluate their performance and to take steps for the
prevention, control and abatement of air and water pollution.

E-WASTE

Meaning

E-waste is a popular, informal name for electronic products nearing the end of their
"useful life."

Electronic waste is discarded electronic or electrical equipment and devices. Used

electronics that are intended for reuse, salvage, resale, disposal, or recycling are
also referred to as e-waste.

Also, the Environment, Forest and Climate Change Ministry has announced the E-
Waste Management Rules 2016. These new rules replaced the earlier E-Waste
(Management and Handling) Rules of 2011.

It was announced in March 2021, New Delhi would be an e-waste management

park for the safe and scientific disposal of electronic products such as appliances
and e-vehicle batteries.

E-waste or electronic waste, broadly describes loosely discarded, surplus, obsolete,

broken, electrical or electronic devices.
 Composition of E-Waste

E-waste consists of all waste from electronic and electrical appliances which have
reached their end- of- life period or are no longer fit for their original intended use
and are destined for recovery, recycling or disposal.

It includes computer and its accessories, monitors, printers, keyboards, central

processing units; typewriters, mobile phones and chargers, remotes, compact discs,
headphones, batteries, LCD/Plasma TVs, air conditioners, refrigerators and other
household appliances.

E-waste Management Rules in India

The Environment, Forest, and Climate Change Ministry have announced the E-
Waste Management Rules 2016. These new rules replaced the earlier E-Waste
(Management and Handling) Rules of 2011.

The new Rules make for stricter norms and are a part of the government’s
increased commitment towards environmental governance.

Key Points of E-waste Management Rules 2016:

• Local bodies with a population of one lakh or above were supposed to

establish solid waste processing facilities within two years,

• Census towns below a lakh would be given three years to establish solid
waste processing facilities

• Old and discarded dump sites would have to be shut-down or bio-remedied

within five years.

• The rules on solid waste management have been amended after 16 years.

• Garbage management is the responsibility of municipal bodies, they would

have the rights to charge user fees and levy spot fines for littering and non-
segregation.

• A transition period of two to five years would be in place beyond which

fines would be imposed as per the country’s Environment Minister.

RECYCLING
Recycling is the process of collecting and processing materials that would
otherwise be thrown away as trash and turning them into new products

Recycling is a process change waste materials into new products to prevent waste
of potentially useful materials, reduce the consumption of fresh raw materials,
reduce energy usage, reduce air pollution and water pollution by reducing the need
for “conventional” waste disposal, and lower greenhouse gas emissions as
compared to plastic production.

Recycling is a key component of modern waste reduction and is the third

component of the “Reduce, Reuse and Recycle” waste hierarchy.

Benefits

1. Reduces the Size of Landfills

By utilizing waste products in a constructive way, we can slowly decrease the size
of our landfills. As the population grows, it will become difficult for the landfills to
hold so much and trash. When this happens, our cities and beautiful landscapes
will face pollution, poisoning and many health problems. The benefits of recycling
are that it helps to keep the pollution in check and decreases it little by little.

2. Conserves Natural Resources

Scrap cars, old bottles, junk mail and used rubber tires are becoming common
features of our landfills. All of these may seem endless, but the resources required
to make them are finishing off quickly. Recycling allows all of these junk items to
be used over and over again so that new resources do not have to be exploited. It
conserves natural resources such as water, minerals, coal, oil, gas and timber.

3. More Employment Opportunities

While you may feel that recycling is each person for himself, in reality, it is a huge
industry within itself. After you do the basic sorting out and deposit your trash for
recycling, it has to be sorted and shipped off to the right places. This is done by
thousands of workers, who are newly employed by the growing industry.

Certainly, one of the major benefits of recycling is that it creates more jobs in the
community and provides stability to the entire process.

4. Offers Cash Benefits

Recycling is not all about being charitable and doing what is good for the
environment. Most governments have policies in place which give financial
benefits to those who recycle. People that take the aluminum cans or glass
bottles to the recycling plant get cash benefits in return. Old newspapers,
appliances, plastic, rubber, steel, copper and even beer cans can be sold for money.

5. Reduce Greenhouse Gas Emissions

When you recycle products, you tend to save energy, which results in
less greenhouse gas emissions. Greenhouse gases are primarily responsible for an
increase in global warming. It helps to reduce air and water pollution by cutting
down the number of pollutants that are released into the environment.

6. Saves Energy

When you recycle aluminium cans, you can save 95% of the energy required to
produce those cans from raw materials, energy saved from recycling one glass
bottle is enough to light a light bulb for four hours. This clearly shows how much
energy can be saved if recycling is taken on a larger scale. With this, the reliance
on foreign oil is reduced, which also helps you to save money in the long run.

7. Stimulates the Use of Greener Technologies

With the use of more recycling products, it has pushed people towards greener
technologies. The use of renewable energy sources like solar, wind, geothermal is
on the rise, which has helped to conserve energy and reduce pollution.

8. Bring Different Groups and Communities Together

At the end of the day, recycling is an act that can bring a community together.
Whether it is by picking up trash from the roads or collecting waste materials to
raise money for schools and colleges, many simple programs that make a
community stronger can be built upon the many benefits of recycling.

9. Prevents Loss of Biodiversity

The less raw material is needed when you engage yourself in recycling products. The
beauty of recycling is that it will help you to conserve resources and prevents loss of
biodiversity, ecosystems and rainforests. Soil erosion and water pollution will be
reduced, which in turn will protect native plants and animals from surviving in
forests. Deforestation, which is on the rise these days, will significantly reduce if
recycling is considered seriously by the majority of people.